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HomeMy WebLinkAboutT-5310 - Report - 8/1/2005 a cityOf REPORT TO THE CITY COUNCIL + AGENDA ITEM NO. 10 : 15,9rn -C COUNCIL MEETING t l 7 J O S June 7, 2005 APPROVEDBY DEPARTMENT DIRECTO FROM: NICK P. YOVINO, Director Planning and Development Department crTVMArvACER BY: Alan Kawakami, Chief Engineering Technician Building & Safety Services Division ;: ,•,. SUBJECT: APPROVING THE FINAL MAP OF TRACT N.O. 5310 RECOMMENDATIONS _ w~ Subject to the Council annexing Tract No. 5310 into Community Facilities District No.2, staff recommends the Council: 1. ADOPT the attached Resolution approving the Final Map of Tract.No. 5310 and accepting the dedicated public uses therein. 2. AUTHORIZE the Public Works Director to execute the: a. Subdivision Agreement. b. Statement of Covenants Affecting Land Development for Landscape and Non-Standard Concrete Paving Maintenance. c. Statement of Covenants Affecting Land Development for Temporary Storm Drainage Facilities. 3. AUTHORIZE the Public Utilities Director to execute the: a. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Services for Certain Lots. 4. AUTHORIZE the Planning and Development Director to execute the: a. Statement of Covenants Affecting Land Development Deferring Certain Sewer Connection Charges,Water Connection Charges, Urban Growth Management Fees and Development Fees to the time of issuance of Certificate of Occupancy and Creation of Lien. b. Statement of Covenants Affecting Land Development for the Restriction of Single-story Homes for Certain Lots c. Statement of Covenants Affecting Land Development to Provide the Five Percent Open Space Required by the Roosevelt Community Plan. 5. Authorize the Fire Chief to execute the: a. Statement of Covenants Affecting Land Development Requiring Fire Protection Measures to be Provided and Maintained for Certain Lots. EXECUTIVE SUMMARY The Subdivider, LENNAR FRESNO, Inc., a California Corporation, has filed for approval, the Final Map of Tract No. 5310. The project, a final map of Vesting Tentative Map No. 5310 for an 89-lot single-family residential subdivision on 18.27 acres, is located on the east side of South Armstrong Avenue between East Kings Canyon and East Butler Avenues. The Final Map is technically correct and conforms to the conditionally approved tentative map, the Subdivision Map Act and local ordinances; it is consistent with, and implements the 2025 General Plan and the Roosevelt Community Plan. The provisions of Sections 66457 and 66474.1 of the Subdivision Map Act require that such final map be approved by the City Council REPORT TO THE CITY COUNCIL Final Map of Tract No. 5310 Page 2 PROJECT INFORMATION PROJECT The Final Map of Tract No. 5310, an 89-lot single-family residential subdivision on 18.27 acres. LOCATION The east side of South Armstrong Avenue between East Kings Canyon and East Butler Avenues. (Council District 5, Council Member Dages) SUBDIVIDER LENNAR FRESNO, Inc., a California Corporation Steve Lutton, Vice President LAND USE & ZONING Medium-Low density residential; R-1 (Single Family Residential) zoning is existing pursuant to Rezone Application No. R-04-17. PLAN CONSISTENCY The project is consistent with the Medium-Low density residential land use designation of the Roosevelt Community Plan. COMPLIANCE WITH The Final Map conforms to all requirements of the Subdivision Map Act and SUBDIVISION MAP ACT local subdivision ordinances applicable to the conditions of approval of Vesting AND LOCAL Tentative Map No.5310;the completion of all public improvement requirements ORDINANCES have been guaranteed and applicable fees paid. BACKGROUND Tentative Map Approval: The Fresno City Planning Commission on June 2, 2004 adopted Resolution Nos. 12032 approving Vesting Tentative Map No. 5310 (Tentative Map)for an 89-lot single-family residential subdivision, to be developed at an overall density of 4.87 units per acre. The approval of Vesting Tentative Map No. 5310 remains effective until June 2, 2006. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of$1,078,000 for performance, $539,000 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$106,326.02 for applicable fees and has entered into a covenant to deferthe payment of certain sewer connection charges,water connection charges, Urban Growth Management fees and development fees in the amount of$86,634.37 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into covenants for Landscape and Non-Standard Concrete Paving Maintenance, Fire Protection Measures,Temporary Storm Drainage Facilities, Special Solid Waste Disposal Services, Single-story Homes and to Provide the Five Percent Open Space Required by the Roosevelt Community Plan. The subdivision documents, securities and resolutions have been reviewed and approved by the City Attorney's office. Landscape Maintenance District I Open Space Use Policy: A condition of approval of the Tentative Map is to install and maintain the landscaping and irrigation system in the landscape easements of all lots along South Armstrong Avenue and designated open spaces. The Subdivider has elected to satisfy this REPORT TO THE CITY COUNCIL Final Map of Tract No. 5310 Page 3 maintenance requirement and certain non-standard entry walls and stamped concrete paving by annexing the subdivision into the City's Community Facility District No. 2 (CFD-2). This condition will be satisfied with the anticipated annexation of the subdivision into CFD-2 which the Council is scheduled to act on June 7, 2005 prior to the Council acting on this final map item. Should the Council not approve the annexation of this subdivision into CFD-2, the Council must delay action on this final map. The Subdivider has executed the covenant for Landscape and Non-Standard Concrete Maintenance and as a condition of the Subdivision Agreement, is required to provide every prospective purchaser of each lot of the subdivision the "Notice of Special Tae', in accordance with the provision of Section 53341.5 of the California Government Code. The estimated annual assessment under CFD-2 is $670.00 per lot. OPEN SPACE USE. Pursuant to Policy No. 1-17.3(open space use)for the Roosevelt Community Plan area, the Subdivider is required to provide 5%of the total subdivision area for open space use. The Tentative Map as designed does not provide sufficient open space. To fully satisfy the open space use, the subdivider has elected to provide additional open space use off-site within 1/4 mile of T-5310 as allowed under the policy. The subdivider has entered into a covenant establishing the site, provided security to guarantee the improvements and agreed to it's perpetual maintenance. Street Improvements: All interior streets,shall be dedicated in accordance with the 50-foot and 54-foot width standards and will be fully improved with standard curb, gutter, street lighting, permanent pavement, and sidewalks on.both sides of the streets. Attachments: Vicinity Map Vesting Tentative Map No. 5310 Final Map of Tract No. 5310 , Resolution Approving the Final Map of Tract No. 5310 • ,u ORE w N w 3 m • c wgPMO INE w. z I { J • c ityJ KINGS CANYON 0. 9+M,--NO.47 I I I ►yler• I: AE-.20-UGM ' I t! !1 M T 1• .� , . �., E. LANE 1 , M �p �f ra i• t• .AVE. 1 (/) / / . 24 24' lT MtOWE .. , 44 I �. �/ E. J M 1 •t •7 4f 44 45 go 30 of AVE ` I • id E.LIBERTY • •t AI o: • • 2 J tl �•. >n L VN • • AVEC I " I AE 20* r i R-FA tz •• ss N I •t t � I AVE j E. BUTLER VICINITY MAP PLANNING & DEVELOPMENT REZONE APPLICATION NO. R-04-017 N DEPARTMENT From AE-20 to R-1 A.P.N.:_3-13nQ40_47— W ==-E VESTING TENTATIVE TRACT MAP NO. 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WHEREAS, LENNAR FRESNO, Inc., a California Corporation, has offered for approval a Final Map designated as Tract No.5310("map"), pursuant to approved Vesting Tentative Map No. 5310 ("tentative map"); and, WHEREAS, all the certificates which appear on the map (except the approval certificate of the Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno) have been signed and acknowledged and said map has been filed for approval; and, WHEREAS, the subdivision lies within the boundaries of the City of Fresno; and, WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the State of Califomia, and'City ordinances, resolutions and standards, except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Fresno County a Tax Compliance Certificate Request along with copies of the map considered herewith by the Council; and, WHEREAS, the Council finds that the proposed subdivision,together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and, WHEREAS, the Subdivider and the Owners, whose signatures appear on the map, and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said map; and, WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved said tentative map. CC)G -z�� Resolution approving the Final Map of Tract No. 5310 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. That the map is hereby approved and all of the streets, public utility easements, access rights and other public properties and uses offered for dedication on the map are hereby accepted, subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the map for recordation. 2. The Council finds that the map is in substantial compliance with said tentative map, any deviations therefrom being deemed to be approved by the Council. S Resolution approving the Final Map of Tract No. 5310 ` Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 7th day of June , 2005. AYES: Boyajian, Calhoun, Duncan, Perea, Sterling, Westerlund, Dages NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC CITY CLERK By: APPROVED AS TO FORM: HILDA C NTU TOY By: Deputy